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UK Legal System for Cultural Property Protection under a Conceptual Framework of the Cultural Constitution
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문화 헌법의 관점에서 본 영국 문화재보호 법제

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Type
Academic journal
Author
Journal
유럽헌법학회 유럽헌법연구 유럽헌법연구 제30호 KCI Accredited Journals
Published
2019.1
Pages
55 - 105 (51page)

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UK Legal System for Cultural Property Protection under a Conceptual Framework of the Cultural Constitution
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This paper considers the protection system of British cultural property under a conceptual framework of the cultural constitution based on a systems theory. The UK has long been interested in the protection of cultural properties, and the law for the protection of cultural properties has been systematically developed earlier than other countries. However, one could find that the UK is still in a similar situation where it shares common problems that other countries experience in this area. Cultural properties are the results of the present culture because they are ‘traces of the past that are defined by the present’, and in that sense, they are a part of contemporary culture. Today, however, external factors such as economic rationalities or politics seem to erode the autonomy of the protection system of cultural property. This situation is similar to the reality of the modern political constitution that attempted to structure autonomy against thrusts from the economic and religious spheres. In this context, the constitutional task of cultural-property protection is to protect the autonomy of the cultural-property-protection system against the logic of nationalist political domination and economic development, while preventing an administrative system for the cultural-property protection from becoming a bureaucratic and power-oriented centre. The history and current state of the British cultural-protection regime can be reconstructed from the theoretical framework of the cultural constitution. By the way, in Britain, there are signs that these constitutional structures are deteriorating today. The sustainability that is presented as the metaphorical idea of ​​cultural-property protection is being eroded by the logic of the economic market. Furthermore, such a market-oriented economic logic is cleverly disbanding the public sphere under the pretext of the decentralization and strengthening of direct democracy. This tendency is expected to strengthen through a series of events such as the Conservative Party’s victory in an election campaign and the lasting economic recession.
#The United Kingdom #Cultural Property #Culture Constitution #Cultural State #Societal Constitution #Systems Theory #Gunther Teubner

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